Jurisdiction(s):
United Kingdom

Key definition

counsel definition

What does counsel mean? In UK and Irish legal practice, counsel means the specialist court advocate instructed to represent a party and to advise, including by giving a written Counsel’s opinion. In England & Wales and Northern Ireland it ordinarily refers to a barrister; in Scotland, to an advocate; in Ireland, to a barrister. The term is descriptive rather than defined by statute, but is widely used in case law and court practice. Counsel are typically instructed by solicitors (under a brief or instructions to counsel) to settle pleadings, appear at trials and hearings, and conduct advocacy before courts and tribunals. References to leading counsel...

Instructing Counsel: Practical Guidance on Selection, Briefing, Hearings, Fees, Standard Terms, Direct Access and Complaints (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Engaging counsel to represent a Client calls for careful, considered planning and thorough preparation. Counsel’s function is to deliver impartial, objective guidance and to exercise the craft of advocacy for the client. While they work within the wider team, they also reinforce and augment the advice first given by the instructed solicitor, adding a valuable independent perspective throughout the matter. This Practice Note explains how to brief counsel so the client secures the greatest possible advantage from their involvement...

Choosing counsel and reasons to instruct

Keep a curated and frequently updated list of approved counsel at hand. In family work, what is often described as a strong ‘bedside manner’ is especially significant. Clients may feel extremely vulnerable, and the presence of a dazzling yet curt professional could be entirely unsuitable for that client. You may need to consider instructing leading counsel; in some cases, leading counsel will readily agree to act without the added cost of a junior assisting. The sooner counsel is brought into a matter, the greater the benefit derived from their advice...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Ursula Rice

Family First Solicitors Ltd

Ursula Rice is a solicitor and solicitor'advocate, practising in the field of family law. She is the owner and manager of Family First Solicitors Limited, a start- up firm specialising in family work. She was an early adopter of unbundled services, successfully marketing this innovative method of retaining and developing business since 2011. She has written and lectured on the business of family law for Resolution, SJ Live, the Law Society Gazette and various other publications and local radio. Ursula lectures for the University of West of England on the Legal Practice Course and takes a particular interest in the mentoring and development of young lawyers. Ursula is the press officer for the Oxfordshire regional branch of Resolution and the founder of the Family Duty Clinic, an Oxford Court based Law Works Pro Bono clinic and winner of the inaugural national Pro Bono Centre award...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...